Udhyaman Investments Private Limited , Bangalore V. The Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore

ITA 11/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3544 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 11-11-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 03-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KANAN NARAYANAN
• Assessee Lawyers: CHARU MAHESHWARI

Judgement Text

ITA NO.11/BANG/2019 UDHYAMAN INVESTMENTS PVT. LTD., BENGALURU IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA NO.11/BANG/2019 ASSESSMENT YEAR: 2012-13 UDHYAMAN INVESTMENTS PVT. LTD. 1 ST FLOOR, EMBASSY POINT NO.150, INFANTRY ROD BENGALURU-560 001 PAN NO : AAACU2524J VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-7(1)(1) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SHRI CHARU MAHESHWARI, A.R. RESPONDENT BY : SHRI KANAN NARAYANAN, D.R. DATE OF HEARING : 11.11.2020 DATE OF PRONOUNCEMENT : 11.11.2020 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF CIT(A)-7, BENGALURU DATED 29.10.2018 FOR THE ASS ESSMENT YEAR 2012-13. 2. AT THE TIME OF HEARING, THE LD A.R SUBMITTED THAT THE ASSESSEE HAS FILED APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND IS WAITING FOR THE CERTIFICATE IN FORM NO. 3 FROM THE PR. CIT. ACCORDINGLY THE LD A.R SUBMITTED THAT THE MATTER MA Y BE KEPT PENDING. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE AS SE SSEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED TO FURNISH A ITA NO.11/BANG/2019 UDHYAMAN INVESTMENTS PVT. LTD., BENGALURU PAGE 2 OF 3 COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. HE SUBMITTE D THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020, THE AP PELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT A PPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATION BEFORE THE TAX AUTHORITIES UN DER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH NOV, 2020. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER BANGALORE, DATED 11 TH NOV, 2020. VG/SPS ITA NO.11/BANG/2019 UDHYAMAN INVESTMENTS PVT. LTD., BENGALURU PAGE 3 OF 3 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.